Dangerous Driving Fine

[Raize]

Is the fine for a "Dangerous Driving" offense means tested, fixed, or at sole discretion of judge?

[Aretnap]

It would be unusual to be fined for dangerous driving. In England and Wales at least the starting point for even the lowest level of the offence is a community order. If the court did impose a fine it is in theory unlimited, but the court is obliged to take the offender's income into account when setting it, as is the case for any fine.

[Raize]

Scotland. What's the guideline fine amount?

[ModernAndy]

Put this in the Scotland section, there's plenty of people well acquainted with the Scottish driving laws there

[Aretnap]

Scotland's a whole other country. It doesn't have an equivalent of the English Sentencing Council or written sentencing guidelines, which makes predicting sentences more difficult than it is in England. So dunno I'm afraid.

[10 Pence Short]

Without giving some circumstances, it's going to be difficult for anybody to give an opinion.

[Cat]

The minimum penalty for dangerous driving in Scotland is 12 months disqualification plus a fine. The amount of the fine will be dependent on circumstance e.g. the nature of the offence, previous convictions, income, any discount for guilty plea etc. It is likely to be several hundreds of pounds as a minimum.

There will also be a requirement to sit an extended driving test before the driving licence is reissued following the disqualification.

Cat

[Dr Jekyll]

Aretnap said:

It would be unusual to be fined for dangerous driving. In England and Wales at least the starting point for even the lowest level of the offence is a community order. If the court did impose a fine it is in theory unlimited, but the court is obliged to take the offender's income into account when setting it, as is the case for any fine.

I knew someone who got a £400 fine, in addition to the 12 month ban with retest. No community order at all.

[10 Pence Short]

I stand to be corrected, but south of the border, assuming no prison, it would be unusual to escape a fine if convicted, whether or not that's in conjunction with a community penalty.

[Aretnap]

10 Pence Short said:

I stand to be corrected, but south of the border, assuming no prison, it would be unusual to escape a fine if convicted, whether or not that's in conjunction with a community penalty.

Normal practice (not just with dangerous driving) is to impose a fine or a community order for a single offence - but not both. The power to impose both does exist, but I don't believe it's used routinely. There would still be costs and victim surcharge to pay on top of the community order though. (Random examples from my local rag 123)

Dangerous driving is on page 120 of the Magistrates Sentencing Guidelines (applicable only in England and Wales).

[Raize]

Aretnap said:

Dangerous driving is on page 120 of the Magistrates Sentencing Guidelines (applicable only in England and Wales).

Is there something like that for Scotland? I see in England that the fine is based on the offenders weekly income - I'd imagine it's similar in Scotland?

[10 Pence Short]

The guidelines you posted (which I think are out of date, but don't think it makes a difference here), do not preclude imposition of a fine when imposing a community order. Without wishing to spend time googling, you would likely find many examples of fines being issued with community sentences for many offences, not just Dangerous Driving. I don't believe there's anything special about that offence that will preclude the two being imposed together.

I know a couple of people who were handed both for Dangerous.

Edited by 10 Pence Short on Saturday 3rd May 19:25

[Cat]

Raize said:

Is there something like that for Scotland? I see in England that the fine is based on the offenders weekly income - I'd imagine it's similar in Scotland?

There is no Scottish equivalent of the sentencing guidelines.

Cat

[Raize]

Cat said:

Raize said:

Is there something like that for Scotland? I see in England that the fine is based on the offenders weekly income - I'd imagine it's similar in Scotland?

There is no Scottish equivalent of the sentencing guidelines.

Cat

Oh well, guess that answers my question. Thanks.

[bobthebench]

No standard tariff of penalties here. Fine will be dependent on income and gravity of the situation, but likely to be 3 figures. No prospect of a community disposal unless you indicate no ability to pay a fine, in which case it may be imposed on default. However if you can afford a car, you can afford a fine so this is very rare.

[tehguy]

It's income dependant, after the court hearing I believe you are given a form to fill in with details of your income so they can calculate the fine.